Search Site
Menu

How to Recover Damages After Suffering a Dog Bite

Victims of dog bites and other animal attacks have robust legal protections under Massachusetts law. Some other states follow the “one bite” rule, under which an owner or keeper might not be held liable if they had no reason to believe their dog was dangerous. However, Massachusetts law holds the dog’s owner or keeper is liable for the victim’s injuries regardless of whether the animal had previously shown aggressive behavior.

Massachusetts General Laws Chapter 140, Section 155 imposes strict liability on the dog’s owner or keeper for any injuries their animal causes, whether by biting or another harmful action. A victim does not need to prove that the owner was negligent or that the dog had a history of violence. The only requirements are showing that the injury occurred and identifying the dog’s owner or keeper.

There are a few exceptions to the strict liability rule. The owner or keeper is not liable if the victim was trespassing, committing another tort or provoking the dog. Provocation may include actions such as teasing or tormenting. In addition, in the case of a child under the age of seven, the law presumes that the child was not trespassing or provoking the dog, unless the defendant can prove otherwise. This exception recognizes children’s vulnerability in interactions with animals.

A dog bite victim can seek a variety of damages under Massachusetts law. These include compensation for medical expenses, lost wages and any diminished earning capacity resulting from the injuries. Victims can also recover damages for pain and suffering, emotional distress, scarring or disfigurement. This can be significant in cases where the victim faces long-term physical or psychological trauma. In fatal dog attack cases, surviving family members may pursue wrongful death claims, seeking compensation for funeral expenses, loss of companionship, and other related damages.

In many cases, the dog owner’s homeowners’ or renters’ insurance policies may cover the victim’s damages. Most standard homeowners’ insurance policies include liability coverage for dog bites, up to certain policy limits. Renters’ insurance policies often provide similar coverage, though the policyholder may need to confirm specific terms. It is important to note, however, some insurance policies exclude coverage for dog bites, especially if the dog in question is a breed deemed dangerous, such as a pit bull or Rottweiler. Breed-specific exclusions vary by insurance company.

A dog bite injury attorney can help victims by gathering evidence, negotiating with insurance companies and representing the victim in court if necessary. Additionally, a skilled lawyer can assess the full scope of damages, fighting for the victim to be compensated not only for immediate medical expenses but also for future care, emotional suffering and other long-term consequences of the injury.

At Feinberg & Alban, PC, we pursue your claim aggressively. We are relentless advocates for our clients while maintaining a professional and well-respected demeanor. If you or a loved one has been injured, call us immediately at 617-232-5950 or contact us online.

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Colleen Santora is the kind of attorney you want in your corner. She is incredibly attentive, sharp, and thorough, but what really sets her apart is that she gets things done. When you have Colleen representing you, you know your case is not going t...

    Read more

    D. Tripp

  • google
    5.0/5.0

    Colleen was amazing. I appreciated her professional expertise and her dedication to helping me get a fair settlement. I am so glad she was my attorney and I highly recommend her.

    Read more

    Sophia Elefther

  • google
    5.0/5.0

    My lawyer at this firm was Colleen, she is amazing! Everything was explained to me from the beginning, timeframe was awesome. She is a very knowledgeable lawyer. I would recommend this Law Firm.

    Read more

    Donna Keene

  • google
    5.0/5.0

    I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...

    Read more

    Alexander Foygelman

  • google
    5.0/5.0

    Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...

    Read more

    M Gao

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form

  • This field is for validation purposes and should be left unchanged.